A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu


ANNOUNCEMENT: Join us next Wednesday, September 21, at 12 noon (ET) for a free webinar: CRISPR: A Biotechnology Breakthrough and an Inventorship Quandary. Details and sign-in information here.  


JUDICIAL: Includes bankruptcy, WIC, contract and administrative issues.

In re: AgFeed USA, LLC, et al, Debtors. JLL CONSULTANTS, INC., AS TRUSTEE OF THE AGFEED LIQUIDATING TRUST Plaintiff, v. K. IVAN F. GOTHNER, Defendant., No. 13-11761 (BLS), 2016 WL 4767462 (Bankr. D. Del. Sept. 13, 2016) involved an action by a trustee alleging former director breached his fiduciary duty and made fraudulent transfers. Former director moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7012. Court granted motion in part.

IN RE: MARY L. VANTIGER-WITTE, Debtor., No. BR 12-00239, 2016 WL 4742228 (Bankr. N.D. Iowa Sept. 12, 2016) concerned an evidentiary hearing for a contested Chapter 13 confirmation. Debtor had previously filed a Chapter 12 bankruptcy petition and converted it to Chapter 13. Debtor sought confirmation of a Chapter 13 plan to manage her debt. In 2008, the court found debtor had not filed her plan in good faith, denied confirmation, and dismissed the case. Here, the court determined her case constituted a “core proceeding” under 28 U.S.C. § 157(b)(2)(L).

In Gerber Prod. Co. v. Vilsack, No. 16-CV-01696 (APM), 2016 WL 4734357 (D.D.C. Sept. 9, 2016), plaintiff sought to stop officials from issuing a notice declaring Virginia’s intent to award a new contract under the Women, Infants, and Children (WIC) infant formula rebate procurement program. A “notice of intent” to award a contract was scheduled for publication on September 12, 2016, at 8:00 a.m. Plaintiff wanted an order returning the parties back to the “’status quo ante’ — the time before Virginia rescinded a March 2016 notice announcing the state’s original intent to award the contract to plaintiff.”

Naturipe Foods, LLC v. Siegel Egg Co., No. 327172, 2016 WL 4723312 (Mich. Ct. App. Sept. 8, 2016) involved a breach of contract action. Plaintiff sells for Michigan Blueberry Growers and defendant is a food distributor selling blueberries to commercial bakeries. Plaintiff offered to sell defendant frozen blueberries from the 2011 crop grown in Michigan and Georgia. Defendant’s buyer “crossed out the reference to Georgia blueberries, wrote ‘GRADE A’ under the reference to Michigan blueberries, and signed the offer.” Below buyer’s signature read, “Subject to Seller’s Terms and Conditions.” Plaintiff then contracted to deliver 316,800 pounds of frozen Michigan blueberries from the 2011 crop to defendant for $2 a pound. Lower court found defendant in breach of contract and defendant appealed. Judgment for plaintiff affirmed.

In JOHN GIBBS et al., Plaintiffs & Appellants, v. CALIFORNIA FISH & GAME COMMISSION et al., Defendants & Respondents., No. B252392, 2016 WL 4733218 (Cal. Ct. App. Sept. 12, 2016), two fishermen appealed a judgment denying their petition for a writ of ordinary mandate seeking to “invalidate regulations governing the issuance of permits” to fish for California squid. They argued trial court relied on the wrong statute authorizing “non-transferable market squid vessel permits.” Judgment for defendants affirmed.


REGULATORY: Includes FS, FTZB, ITA, and NOAA notices.

FOREST SERVICE:

Notice the Bridger-Teton Resource Advisory Committee will meet in Kemmerer, Wyoming and Afton, Wyoming. Info here.

Notice of Intent to Prepare an Environmental Impact Statement announcing the Pike/San Isabel National Forests opening of their Travel Management Planning process 45 day public scoping comment period and public scoping meetings was published in the Federal Register on July 25, 2016. Details here.

FOREIGN TRADE-ZONES BOARD: Notice Givaudan Flavors Corporation submitted a notification of proposed production activity to the FTZ Board for its facility in Cincinnati, Ohio within Subzone 46G. Details here.

INTERNATIONAL TRADE ADMINISTRATION: Notice on March 1, 2016, the Department of Commerce initiated the second sunset review of certain frozen warmwater shrimp from Vietnam. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Notice the SEDAR 53 assessment of the South Atlantic stock of red grouper will consist of a series webinars. Info here.

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